**DISCONTINUED!!** statue barred debt from 2005 taken to court

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

on the court papers I dont see anything about CCJ or bankruptcy.
because it is a high amount would they be asking for bankruptcy instead of CCJ? Have they even be allowed to do it ?

This is just over £5K so only just over the BR threshold.

To start the BR process a Statutory Demand For Payment must be issued by the creditor.

nem

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

on the court papers I dont see anything about CCJ or bankruptcy.
because it is a high amount would they be asking for bankruptcy instead of CCJ? Have they even be allowed to do it ?

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

I just spoken to court and defence has not been processed yet because I have sent the defence to wrong email


it is still the court email but not the defence email. no response from claimants.
I just sent to the email to right address but I am obviously panicking now.
I dont care about the CCJ but will they be asking for bankruptcy.

I didnt know to put the defence in before 28 day. I could have done it last week. I thought I needed to wait for claimant to respond.

Bankruptcy:

Has this been mentioned? If not it is unlikely that this would be an option now.

nem

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

I just spoken to court and defence has not been processed yet because I have sent the defence to wrong email


it is still the court email but not the defence email. no response from claimants.
I just sent to the email to right address but I am obviously panicking now.
I dont care about the CCJ but will they be asking for bankruptcy.

I didnt know to put the defence in before 28 day. I could have done it last week. I thought I needed to wait for claimant to respond.

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

started to panic now reply email I received states that it will be processed five to ten working days.I have called the court and have been told that it has not been processed yet and I should keep checking.I asked what if you dont process by the deadline, he says I should wait and check back tomorrow.IF it doesnt process by tomorrow they will ask the claimant,what to do.I have asked how long would it take but didnt get clear answers. if claimant asks for CCJ tomorrow and my defence hasnt been processed will I get CCJ?

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

I have sent the email now. shall I call them and chase it today whether they received it or do I need to go to court today(about 2 hour drive and I have been told the court time is 4.00pm)


also I have lost the moneyclaim user numbersand cant login to moneyclaim, thats the reason I have sent an email

[Amethyst]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Just get your defence in, it should all be standard as per http://legalbeagles.info/forums/show...t-Court-Claims - also you wouldn't automatically GET a CCJ - would just be in a position where the claimant could request a default judgment.

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

good morning;

I just spoken to court and have been advised that I need to put defence in today by 4.00 pm otherwise I will get CCJ.
no response from claimant.

panicking now

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

I have spoken to court and she said I should just wait and the claimant will inform me.
She said that we still have time until 23rd of may but I dont think the claimant will do anything.

I will call them on monday to see what is going to happen.

Some courts staff don't mention the 5 days for service so it does get confusing.

nem

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

I have spoken to court and she said I should just wait and the claimant will inform me.
She said that we still have time until 23rd of may but I dont think the claimant will do anything.

I will call them on monday to see what is going to happen.

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Good morning

today is the 28th day.
still havent heard anything from claimant. I can not login to moneyclaim site anymore. I will try to call the court to check the status.

Ok the claimant has a total of 33 days to respond that's 5 days added for the defence to get the claimant/solicitors it is 28 days from the date the defence is in the claimants hands.
Still worth checking with the court though.

nem

[nescla]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Good morning

today is the 28th day.
still havent heard anything from claimant. I can not login to moneyclaim site anymore. I will try to call the court to check the status.

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

Hi nem

It looks like a claim has been issued & acknowledged.
CCA & CPR letters sent but no response.

Does nescla still need to file a defence?

Yes, the court process should be followed as required Charity.

nem

[charitynjw]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

If the claim is stayed, the claimant must pay a fee to lift the stay and continue the claim please be aware that this can be a prolonged situation and the claimant can apply to lift at ant time in the future.

If the stay happens and the claimant does nothing for 6-8 weeks then I would suggest writing to the solicitors suggesting that they advise their client to discontinue the claim or you will apply for the claim to be struck out at their cost.

nem

Hi nem

It looks like a claim has been issued & acknowledged.
CCA & CPR letters sent but no response.

Does nescla still need to file a defence?

[nemesis45]

Re: statue barred debt from 2005 taken to court by howard cohen and co(debt collectio

so if they dont respond I will be able to put this behind and get on with life hopefully

If the claim is stayed, the claimant must pay a fee to lift the stay and continue the claim please be aware that this can be a prolonged situation and the claimant can apply to lift at ant time in the future.

If the stay happens and the claimant does nothing for 6-8 weeks then I would suggest writing to the solicitors suggesting that they advise their client to discontinue the claim or you will apply for the claim to be struck out at their cost.

nem